Defendant appealed the trial court’s order denying him leave to file a successive post-conviction petition arguing that he was deprived the reasonable assistance of counsel where counsel failed to amend his successive post-conviction petition to meet the cause and prejudice test and that the trial court erred when it found his actual innocence claim was barred by his guilty plea. The appellate court affirmed, finding that defendant did not suffer from any prejudice resulting from post-conviction counsel’s arguments and that the trial court did not find his actual innocence claim was barred by his guilty plea but rather, the court held that defendant did not provide any newly discovered evidence or analysis to support his claim of actual innocence. (McDADE and PETERSON, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act